Chapter: Nullifiers of Wudhoo - Touching the Mushaf (Part 11)

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-It is not permissible for the one who is impure to touch the Mushaf (Quraan). Uthaymeen explains that this is the ruling irrespective if one is touching the Mushaf as a book or even if it’s just one Aayah – it is not permissible to touch it except with Wudhoo.

This is the opinion of the majority, except the Dhaahirees who permitted touching the Mushaf without necessitating Wudhoo.

The arguments presented from both sides include the following:

1-“This is indeed an honourable recital (the Noble Qur'an). In a Book well-guarded (i.e. Al-Lauh Al-Mahfuz), a Book that none can touch except the purified. A Revelation from the Lord of the 'Alamin (all of creation).” [al-Waaqi’ah 56:77-80]

The point of evidence here is the statement, “none can touch” and the words “the purified” (مُطَهَّرُ) refers to the one who has purified himself with Wudhoo or Ghusl.

The Dhaarihees argued that the word the “purified” (مُطَهَّرُ) refers to the Angels and not to humans, because humans are those who purify themselves (مطهِر).

The Dhaahirees said that the negation in this Aayah “none can touch” (لا يمس) refers to a negation of impossibility (النافية) not a negation of prohibition (الناهية), because the word “touch” is connected to negation as an accusative case with a Fatha (َ) and not a Dammah (ُ). So the meaning of the Aayah refers to the Book that is with Allaah known as the Lawh al-Mahfoodh and not the Mushaf – thus meaning that “none is able to touch it”, not “none is allowed to touch it”. To support this, there is a similar description given to the Lawh al-Mahfoodh in Surah ‘Abasa (see: 80: 11-16)

In response we say that this is information (خبر) but in the form of request (طلب), just like the Prophet saying, “There is no trade if a Muslim undercuts another.” The accusative case (منصوب) here is used (لا بيعَ) to mean a prohibition and not negation.

The Dhaahirees reject this argument because they argue that this linguistic principle - grammatically using information (خبر) in the form of request (طلب) - needs to be applied with evidence and here we have none. In fact the opposite can be argued if we combine the Tafseer of Surah al-Waaqi’ah and Surah ‘Abasa.

2-The Hadeeth of ‘Amr bin Hazm [may Allaah be Pleased with him] that the Prophet [Peace and Blessings of Allaah be upon him] wrote a letter to the people of Yemen and within he wrote, “None is allowed to touch the Quraan except if he is pure.” [Reported by at-Tabaraanee (13217), al-Daaraqutnee (1/121) and al-Bayhaqee (1/88)]

The word “pure” (طاهر) refers to both major and minor forms of impurity.

The Dhaahirees argued that this Hadeeth is weak. Even if we use this Hadeeth, then the meaning is to prevent the Kuffaar from touching and respecting the book.

In response we say that this letter was written to Muslims, and the impurity here is not talking about the metaphorical form of impurity, rather it is talking about being free from physical forms of major and minor impurities.

3-By analogy – there is no speech better than the Speech of Allaah. So if purity is a condition for Tawaaf around His House, then purity in order to the touch His Speech is even more relevant.

The Dhaahirees rejected this as they reject Qiyaas and added that there still remains no specific evidence on this issue, so if there is no evidence then there is no ruling (حُكم).

Uthaymeen concludes by stating that the argument for the Dhaahirees about the Aayah in Surah al-Waaqi’ah is a strong one in which they are correct in.

Although, the Hadeeth of ‘Amr bin Hazm maybe weak, the scholars from the time of the Salaf up until now have used this as proof. So to argue that this narration is baseless then this is far from the truth.

Also, there are many who have said that the narration is acceptable because of its various routes including; Ishaaq bin Raahooyah, ash-Shafi’ee, Ibn ‘Abdul-Barr, Ibn Hajar and was used as proof by Imaam Ahmad. [see: at-Talkhees al-Habeer (175)]  

Also, Allaah Says:

“Allah does not want to place you in difficulty, but He wants to purify you” [al-Maa’idah 5:6]

This shows that the believer can have major and minor forms of impurity, and had the letter to the people of Yemen been to the Kuffaar then this would have been stated.
So the correct opinion is of the majority – it is not permitted to touch the Mushaf except for one who is pure in both major and minor forms.

A – This ruling includes both major and minor forms of impurity, as the word impurity (حدث) in the Sharee’ah refers to a situation in which prevents a person to pray Salaat, thus including both major and minor forms.

B – The whole of the Mushaf is included in the ruling here. Some of the Shafi’ees stated that one is allowed to touch the paper or the cover as this doesn’t have the Aayaat of Allaah on it. However the correct opinion is that one is not allowed to touch the whole book, including the covers and the surrounding papers because the Prophet said, “None should touch the Quraan except if he is pure.” Meaning, the book as a whole.

C – The Hanbalees stated that it is permitted for children to touch the cover and the surrounding papers of the Mushaf and the ruling only applied to adults. However, if the child wants to touch Aayaat then his guardian must make him do Wudhoo beforehand. The Shafi’ees stated that it is permitted for a child to hold the whole Mushaf, including its Aayat as he is at an age of not being accountable. Uthaymeen leaned towards this opinion but stated that the guardian for the child should teach and make the child do Wudhoo if it is possible beforehand.

D – The Hanbalees permitted children touching pieces of paper which have Aayaat written on them. They argue that this is not the actual Mushaf so it doesn’t carry the same ruling. Also, by making them do Wudhoo in this situation, it would create a great deal of difficulty. This is especially the case when trying to learn.

The majority have stated that it is not permitted to touch pieces of paper (or any other instrument) that have Ayaat of the Quraan written on them unless they are in a state of purity. However, they permitted one to write Aayaat on a piece of paper (or any other instrument) without Wudhoo because writing is not the same as touching.

Uthaymeen states that what is not permitted is to touch the Mushaf without Wudhoo, as for touching anything else which has Aayaat on it, and then this doesn’t require Wudhoo.

E - Touching books of Tafseer don’t require Wudhoo because this is not the Mushaf. Although the whole of the Quraan may be written within it, because what is not part of the Quraan is greater in volume. The evidence for this is that the Prophet used to send letters to the rulers who were non-Muslim and in them he would write Aayaat of the Quraan, however the speech of man had a greater proportion in these letters – thus he didn’t command that these letters be treated in the same way as Mushaf’s.

However, if the Mushaf is greater than the Tafseer or one is not is able to decipher which one is greater, then he must be pure before touching the Mushaf.